alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Raymond Orrand, Administrator, et al.

Plaintiffs,

v.

HAYTHORNE LOGISTICS,

Defendant.

Case No. 2:11-cv-79

Judge Peter C. Economus

MEMORANDUM OPINION AND ORDER

This matter is before the Court for consideration of Plaintiffs’ Motion for Default 

Judgment. (Dkt. 14.) Plaintiffs are the Administrator and Trustees of the Ohio Operating 

Engineers Health and Welfare Plan, Ohio Operating Engineers Pension Fund, Ohio Operating 

Engineers Apprenticeship Fund, and Ohio Operating Engineers Education and Safety Fund (the 

“Funds”). They filed this case against Defendant Haythorne Logistics pursuant to a collective 

bargaining agreement, alleging that Defendant has failed to comply with the fringe benefit 

contribution and audit requirements of their agreement. Although Defendant was served with 

process on March 16, 2011 (Dkt. 11), it has neither moved nor pled in response to the Complaint. 

On April 11, 2011, the Clerk of Court entered default against Defendant (Dkt. 13) and Plaintiffs 

filed a motion for default judgment (Dkt. 14). Defendant has not responded to the motion.

Under Federal Rule 55(b)(2), the Court may enter default judgment in cases when a sum 

certain amount or damages have not been ascertained. In this case, an affidavit executed by 

Raymond Orrand, Administrator of the Funds, indicates that Defendant has failed to permit 

Plaintiffs to perform an audit of its books and records to ascertain the fringe benefit contribution 

owed by Defendant, if any. (Dkt. 12-2.)

Case: 2:11-cv-00079-PCE-MRA Doc #: 17 Filed: 05/12/11 Page: 1 of 2 PAGEID #: <pageID>
2

It is hereby ORDERED that judgment be entered in favor of Plaintiffs and against 

Defendant Haythorne Logistics as follows:

1. Defendant is required to submit to an audit performed by Plaintiffs for the audit 

period of May 1, 2009 to present; specifically, Defendant shall produce to 

Plaintiffs all the books and records which are necessary for determining the hours 

worked by, and wages paid to, Defendant’s employees who were covered by the 

labor agreements during the period May 1, 2009 through the present;

2. All sums found to be due and owing as a result of such audit;

3. Interest in the amount of 18% per annum, plus any additional interest incurred as 

long as the judgment remains unpaid;

4. An additional amount equal to the greater of interest on the unpaid contributions 

at the rate of 18% or liquidated damages not in excess of 20% of the unpaid 

contributions; and

5. Reasonable attorneys’ fees and court costs.

This Court retains jurisdiction of this case pending compliance with its orders.

IT IS SO ORDERED.

/s/ Peter C. Economus - May 12, 2011

UNITED STATES DISTRICT JUDGE

Case: 2:11-cv-00079-PCE-MRA Doc #: 17 Filed: 05/12/11 Page: 2 of 2 PAGEID #: <pageID>
July 30, 2015

Mr. Atif R. Aleemi

dba Dulles One Consultants, LLC

44329 Lord Fairfax Place

Ashburn, VA 20147

Dear Mr. Aleemi :

This letter is to inform you that we are unable to process your request for an exemption from

part 21; § § 45.23(b)

, 91.7(a)

, 91.109 91.119

, 91.121

, 91.151(a)

, 91.203 (a) and (b)

, 91.215

, 91.405

, 91.407

, 91.409

, and 91.417 of Title 14, Code of Federal Regulat ions (14 CFR). It

explains why we can not process your request and what you should do in the next 30 days.

Why We Can n o t Process Your Request

We entered your May 19 , 2015

, exemption request on behalf of Dulles One Consultants, LLC

into the public docket (No. FAA− 2015

− 1721 ), but we are unable to process your request any

further. The information you sent does no t comply with the requirements of § 11.81 (copy

enclosed). For us to consider the request any further, you must send us all of the following:

 The reasons why granting the request would be in the public interest; that is, how it would

benefit the public as a whole.

 Any additional information, views, or arguments available to support your request.

For more detailed information relating to submitting petitions for exemption, please visit

http://aes.faa.gov/petition/index.html . This website helps the petitioner to meet Federal

Avia tion Administration (FAA) requirements outlines in § 11.81 and helps answer any

questions you may have.

What You Should Do

If you want us to process your r equest any further, you must send the information described

earlier to reach us within 30 days. Please note that § 11.63(d) requires you to send your

petition for exemption at least 120 days before the proposed effective date of the exemption.2

If We Do N o t Hear From You

If we do not receive the information, we will close the docket without notifying you further.

If you have any questions you may call the 333 Information Line (202) 267

- 2999.

Sincerely,

/s/

B ritta ny N ewton

P rogram Analyst , Airmen and

Airspace Rules Division

Enclosure3
EXHIBIT 13.2  Certification by the Chief Financial Officer Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002  In connection with the Annual Report of Xueda Education Group (the Company) on Form 20-F for the year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Junfeng Gao, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:  (a)The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  (b)The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  Date: May 21, 2011  By:
/s/ Junfeng GaoName: Junfeng GaoTitle: Chief Financial Officer
# C_2007211EN.01002801.xml

| 8.9.2007 | EN | Official Journal of the European Union | C 211/28 |
| --- | --- | --- | --- |

8.9.2007

EN

Official Journal of the European Union

C 211/28

---

Action brought on 11 July 2007 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-325/07)

(2007/C 211/52)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: G. Rozet, acting as Agent)

Applicant:

Defendant: Grand Duchy of Luxembourg

Defendant:

Form of order sought

The applicant claims that the Court should:

| — | declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2003/18/EC of the European Parliament and of the Council of 27 March 2003 amending Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work (1) or, in any event, by not communicating them to the Commission, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 2(1) of that directive; |
| --- | --- |

—

declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2003/18/EC of the European Parliament and of the Council of 27 March 2003 amending Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work (1) or, in any event, by not communicating them to the Commission, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 2(1) of that directive;

1

| — | order the Grand Duchy of Luxembourg to pay the costs. |
| --- | --- |

—

order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period for transposing Directive 2003/18/EC expired on 14 April 2006.

---

(1)  OJ 2003 L 97, p. 48.

1

---
Case: 2:11-cv-00097-EAS-EPD Doc #: 14 Filed: 02/09/12 Page: 1 of 2  PAGEID #: <pageID>

Case: 2:11-cv-00097-EAS-EPD Doc #: 14 Filed: 02/09/12 Page: 2 of 2  PAGEID #: <pageID>

    -       - Superintendent of Documents
      - 2015-05-08T16:52:17-0400
      - US GPO, Washington, DC 20401
      - Superintendent of Documents
      - GPO attests that this document has not been altered since it was disseminated by GPO
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# Somewhere a bugle softly sounds

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## Description

                    -           Title        
                    -  Somewhere a bugle softly sounds 
                    -           Creator        
                    -  United States. American Forces Information Service 
                    -           Publisher        
                    -  American Forces Information Service 
                    -           Description        
                    -  Shipping list no.: 88-399-P.Proper military etiquette during ""taps."" 
                    -           Subject: Time        
                    -  1980-1990 
                    -           Subject: Place        
                    -  United States 
                    -           Series Title        
                    -  Defense billboard ; #5; Defense billboard (1988) ; #5. 
                    -           Physical Description        
                    -  156 × 44 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
                    -           Digitization Specifications        
                    -  Scanned with Zeutschel OS 12000 Scanner at 300 ppi, 24-bit color. Archival tiff image available. 
                    -           Rights Management        
                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at the University of Iowa Libraries: lib-govpub@uiowa.edu. 
                    -           Item Type (AAT)        
                    -  Posters 
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A90A0300.

#### GUY v. McKENZIE et al.

(394 SE2d 576)

McMurray, Presiding Judge.

Shortly after plaintiff Guy obtained and ingested controlled substances, the automobile he was driving failed to negotiate a curve, left the road and struck a telephone pole, resulting in serious injuries to plaintiff. Plaintiff seeks damages for his personal injuries and property damage alleging that they are the result of the negligence of defendant McKenzie d/b/a McKenzie Drugs in failing to properly secure access to controlled substances thereby permitting an employee of the pharmacy, defendant Marr, who was not a registered pharmacist, to provide plaintiff with the drugs without a prescription.

Defendant Marr had been removing controlled substances from his employer and selling them for one-and-a-half to two years, but was discovered only when he attempted to sell them to an undercover *671police officer several months after plaintiff’s automobile wreck. Plaintiff argues that defendant McKenzie was negligent in permitting a non-pharmacist to have access to the controlled substances and in failing to conduct accurate inventories which would have exposed the removal. *Held:*

Decided May 4, 1990

Rehearing denied May 16, 1990

*Charles P. Giallanza, Marc W. Mendelson,*for appellant.

*Swift, Currie, McGhee & Hiers, Julie L. Ginden, Stephen L. Cotter, Joseph E. Weatherford, Jr.,*for appellees.

This appeal is taken from the grant of summary judgment in favor of defendant McKenzie. Plaintiff’s eight enumerations of error present a single issue, whether this case is controlled by *Sutter v. Hutchings, 254*Ga. 194, 198 (fn. 7) (327 SE2d 716). We hold that it is and affirm.

“As between provider and consumer, the consumer has the last opportunity to avoid the effect of the alcohol, by not drinking or not driving, and thus as between the two, the negligence of the consumer is greater. Hence, notwithstanding the fact that the provider as well as the consumer should foresee the possibility of injury to the consumer, the consumer cannot recover for his injuries from the provider. [Cit.]” *Sutter v. Hutchings, 254*Ga. 194, 198 (fn. 7), supra. See also *Southern Bell Tel. &c. Co. v. Altman,*183 Ga. App. 611, 612 (1) (359 SE2d 385). Contrary to plaintiff’s contention, we view the above principle equally applicable where, as in this case, the drug involved is a controlled substance (see OCGA § 16-13-1 et seq.) rather than alcohol.

*Judgment affirmed.*

*Carley, C. J., and Sognier, J., concur.*
No. 50193.

#### Protests 108253-K, etc., of Balfour, Guthrie & Co., Ltd., et al. (New York).

Opinion by

Cole, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
exv10w1












EXHIBIT 10.1




EZCORP’S ACQUISITION OF VALUE FINANCIAL TERMINATED



AUSTIN, Texas (August 11, 2008) 3⁄4 EZCORP, Inc. (Nasdaq: EZPW) announced today that its
efforts to acquire Value Financial Services, Inc. have ended.



As announced on June 5, 2008, EZCORP entered into an acquisition agreement with Value Financial
Services, Inc. This past weekend, Value Financial Services, Inc. notified EZCORP that they elected
to terminate the agreement.



Commenting on the termination of the acquisition, President and Chief Executive Officer, Joe
Rotunda, stated, “We are disappointed that Value Financial Services has elected not to move forward
with the transaction, which I believe would have been beneficial to shareholders of both companies.
Despite our disappointment, I continue to be energized about our growth prospects in each of our
business segments. With the termination of this acquisition, we expect to take a charge of
approximately $900,000 for transaction related expenses in our September quarter. As a result of
this charge and the lack of an anticipated $0.01 per share benefit from the acquisition, we are
lowering our earnings guidance for the quarter and fiscal year ending September 30, 2008 to $0.34
and $1.18 per share.”



EZCORP is primarily a lender or provider of credit services to individuals who do not have cash
resources or access to credit to meet their short-term cash needs. In 294 U.S. EZPAWN and 30
Mexico Empeño Fácil locations open on June 30, 2008, the Company offers non-recourse loans
collateralized by tangible personal property, commonly known as pawn loans. At these locations,
the Company also sells merchandise, primarily collateral forfeited from its pawn lending
operations, to consumers looking for good value. In 461 EZMONEY locations and 71 EZPAWN locations
open on June 30, 2008, the Company offers short-term non-collateralized loans, often referred to as
payday loans, or fee based credit services to customers seeking loans.



This announcement contains certain forward-looking statements regarding the Company’s expected
performance for future periods including, but not limited to, expected future earnings. Actual
results for these periods may materially differ from these statements. Such forward-looking
statements involve risks and uncertainties such as changing market conditions in the overall
economy and the industry, consumer demand for the Company’s services and merchandise, changes in
the regulatory environment, and other factors periodically discussed in the Company’s annual,
quarterly and other reports filed with the Securities and Exchange Commission.



For additional information, contact Dan Tonissen at (512) 314-2289.
AO 450 (Rev. 5/85) Judgment in a Civil Case

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

Eastern Division 

CAROLLYN F. COCHRAN,

Plaintiff,

JUDGMENT IN A CIVIL CASE

v.

CASE NO. C2-10-996

MICHAEL J. ASTRUE, JUDGE EDMUND A. SARGUS, JR.

COMMISSIONER OF MAGISTRATE JUDGE NORAH MCCANN KING

SOCIAL SECURITY,

Defendant.

Jury Verdict. This action came before the Court for a trial by jury. The issues have

been tried and the jury has rendered its verdict.

Decision by Court. A decision has been rendered by the Court without a hearing or

trial.

Pursuant to the OPINION AND ORDER filed March 9, 2012, JUDGMENT is

hereby entered pursuant to Sentence 4 of 42 U.S.C. § 405(g). This case is REMANDED

to the Commissioner of Social Security for further proceedings. 

Date: March 9, 2012 JAMES BONINI, CLERK

/S/ Andy F. Quisumbing 

(By) Andy F. Quisumbing

 Courtroom Deputy Clerk

Case: 2:10-cv-00996-EAS-NMK Doc #: 19 Filed: 03/09/12 Page: 1 of 1 PAGEID #: <pageID>
AO 450 (Rev. 5/85) Judgment in a Civil Case

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

Eastern Division 

BOBBY-RAY DUBOSE,

Plaintiff,

JUDGMENT IN A CIVIL CASE

v.

CASE NO. 2:11-CV-00071

JOHN KASICH, et al., JUDGE EDMUND A. SARGUS, JR.

MAGISTRATE JUDGE NORAH MCCANN KING

Defendants.

Jury Verdict. This action came before the Court for a trial by jury. The issues have

been tried and the jury has rendered its verdict.

Decision by Court. A decision has been rendered by the Court without a hearing or trial.

Pursuant to the Order filed April 19, 2013, JUDGMENT is hereby entered

DISMISSING this case.

Date: April 19, 2013 JOHN P. HEHMAN, CLERK

/S/ Andy F. Quisumbing 

(By) Andy F. Quisumbing

 Courtroom Deputy Clerk

Case: 2:11-cv-00071-EAS-NMK Doc #: 53 Filed: 04/19/13 Page: 1 of 1 PAGEID #: <pageID>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-7504

HERMAN E. HARSTON,

Petitioner - Appellant,

versus

P. L. HUFFMAN,

Respondent - Appellee.

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. James C. Turk, District Judge.

(CA-95-1294-R)

Submitted: January 16, 2003 Decided: January 28, 2003

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Herman E. Harston, Appellant Pro Se. Katherine P. Baldwin, OFFICE

OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Herman E. Harston appeals the district court’s order denying

his Fed. R. Civ. P. 60(b) motion. We have reviewed the record and

find no abuse of discretion. See Dunlap v. Litscher, 301 F.3d 873,

876 (7th Cir. 2001); Rodriguez v. Mitchell, 252 F.3d 191, 203 n.3

(2d Cir. 2001); Riero v. Johnson, 197 F.3d 147, 150 (5th Cir.

1999). Accordingly, we affirm on the reasoning of the district

court. See Harston v. Huffman, No. CA-95-1294-R (W.D. Va. Sept. 12,

2002). We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED
Exhibit
32


















CERTIFICATION
PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In
connection with the Annual Report of Sustainable Petroleum Group Inc. (the “Company”) on Form 10-K for the period
ending May 31, 2016 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Dr.
Philip Grothe, President and Chief Executive Officer of the Company and a member of the Board of Directors, certify, pursuant
to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The
    Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and                                   
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------
| |     |                                                                                                                                                             
| | (2) | The
    information contained in the Report fairly presents, in all material respects, the financial condition and results of operations
    of the Company.



|/s/
    Dr. Philip Grothe   | 
|--------------------------- | 
|                            | 
|Dr.
    Philip Grothe       | 
|Chief
    Executive Officer | 
|February
    3, 2017        | 











CERTIFICATION
PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In
connection with the Annual Report of Sustainable Petroleum Group Inc. (the “Company”) on Form 10-K for the period
ending May 31, 2016 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Suha
Hächler, Chief Financial Officer of the Company and a member of the Board of Directors, certify, pursuant to 18 U.S.C. §1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The
    Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and                                   
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------
| |     |                                                                                                                                                             
| | (2) | The
    information contained in the Report fairly presents, in all material respects, the financial condition and results of operations
    of the Company.



|/s/
    Suha Hächler        | 
|--------------------------- | 
|                            | 
|Suha
    Hächler            | 
|Chief
    Financial Officer | 
|February
    3, 2017        |
Case: 2:11-cv-00736-EAS-TPK Doc #: 48 Filed: 12/19/14 Page: 1 of 1 PAGEID #: <pageID>